Amendment No. 2 to Linking Agreement with Midway Chevrolet Company LLC

AMENDMENT NO. 2
LINKING AGREEMENT
(CITY OF GLENDALE, Contract No. C21-0586)

This Amendment No. 2 (“Amendment”) to the Linking Agreement (“Agreement”) is made this

day of 2025, (“Effective Date”), by and between the City of Glendale, an Arizona

municipal corporation (“City”) and Midway Chevrolet Company I, LLC, a Delaware limited liability
company, authorized to do business in Arizona (“Contractor”).

RECITALS

City and Midway Chevrolet Company I, LLC (“Contractor”) previously entered into Linking
Agreement, Contract No. C21-0586, dated July 1, 2021 (“Agreement”); and

On May 3, 2022, the City and Contractor entered into Contract Extension No. 1, extending
the term of the Linking Agreement from July 1, 2022 through June 30, 2023; and

On June 13, 2023, the City and Contractor enteted into Contract Extension No. 2, extending
the term of the Linking Agreement from July 1, 2023 through June 30, 2024; and

On June 7, 2024, the City and Contractor entered into Contract Extension No. 3, extending
the term of the Linking Agreement from July 1, 2024 through June 30, 2025; and

On January 14, 2025, the City and Contractor entered into Contract Amendment No. 1,
increasing the compensation from $45,000 to $245,000; and

City and Contractor wish to modify and amend the Agreement subject to and strictly in
accordance with the terms of this Amendment.

AGREEMENT

In consideration of the mutual promises set forth herein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree

as follows:

1. Recitals. The recitals set forth above are not merely recitals but form an integral part of this
Amendment.

2. Term. The Term of the Agreement remains unchanged.

3. Scope of Work. The Scope of Work remains unchanged.

4. Compensation. The Compensation available under this Agreement is hereby increased by

$250,000, for a new not to exceed amount of $495,000 over the entire term of the Agreement
(initial term plus any extensions).

01/28/2025

10.

Insurance Certificate. Current certificate will expire on April 1, 2026. A new insurance
certificate must be provided prior to this date to the Finance Director and the Contract
Administrator in order for this Agreement to remain in effect.

Non-discrimination. Contractor must not discriminate against any employee or applicant
for employment on the basis of race, color, religion, sex, national origin, age, marital status,
sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S.
military veteran status or any disability. Contractor will require any Sub-contractor to be bound
to the same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not
currently, and during the term of this Agreement, will not use:

(a) the forced labor of ethnic Uyghurs in the People’s Republic of China;

(b) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and

(C) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China.

Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.

Ratification of Agreement. City and Contractor hereby agree that except as expressly
provided herein, the provisions of the Agreement shall be, and remain in full force and effect
and that if any provision of this Amendment conflicts with the Agreement, then the provisions
of this Amendment shall prevail.

[Signatures on the following page.]

01/28/2025

ATTEST:

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, Interim City Manager

Julie K. Bower, City Cletk

APPROVED AS TO FORM:

(SEAL)

Michael D. Bailey, City Attomey

Midway Chevrolet Company I, LLC,
a Delaware limited liability company

By: Pam Finken
Its: Controller

01/28/2025